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LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Old Apr 30th 2010, 10:17 pm
  #46  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by PMM
Hi



1. Canada is a signatory to the Haque Convention which covers the removals of children under the age of 16.
2. From the OP 1 Manual

As well, it is illegal to abduct a child under 16 (Criminal Code, section 280(1)) or under 14 (Criminal Code, section 281) from the legal guardian (father, mother, guardian or other).
Applicants, accompanied by children under the legal guardianship of someone who has not agreed to let them travel, are about to commit a criminal offence. They do not commit the offence until they depart for and arrive in Canada [They would then be inadmissible at the port of entry under A36].
If there are reasonable grounds to believe applicants are about to commit an offence as described in A36, officers should explain the situation to the applicants. The applicants must prove they will not be inadmissible for this reason. Written consent of the legal guardian or, if that is not possible,
permission of a court, is satisfactory proof.
If the court attached conditions to a custody order (usually visiting rights), the officer must ask for the same proof of consent

So from the above you can see where CIC is coming from, they want concrete proof that the child can be removed from it's normal residence


I am the applicant and the one and only legal guardian, so I could write a letter giving myself permission to take my child out of the country!!!! There is no custody order or visitation rights.

And alot of people appear to be in the same situation, and more and more will be in this situation.

Sarah
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Old May 1st 2010, 9:41 am
  #47  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Madwife
Interesting developement!!!

Got my Med requests through on my PR application ( I have a TWP app as well). Appart from them being so quick, about 5 weeks after application for PR under pnp. There is no mention of them needing further evidence of custody of my children or permission from their father!!! There is a box for it but not ticked!!!!

Sarah x

Brilliant news Sarah! x
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Old May 1st 2010, 2:55 pm
  #48  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Madwife
I am the applicant and the one and only legal guardian, so I could write a letter giving myself permission to take my child out of the country!!!! There is no custody order or visitation rights.

And alot of people appear to be in the same situation, and more and more will be in this situation.

Sarah
In reality, the only parents that are in this position are those that are parents to children born outside of marriage and prior to Dec 1, 2003. With each year that passes, there will fewer and fewer of them.

As I said above, CIC needs to accept that access and residency laws in other countries are not always identical to the ones in Canada and that, in some cases, a biological parent will not have any automatic "rights" in relation to their offspring.
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Old May 1st 2010, 2:59 pm
  #49  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Almost Canadian
In reality, the only parents that are in this position are those that are parents to children born outside of marriage and prior to Dec 1, 2003. With each year that passes, there will fewer and fewer of them.

As I said above, CIC needs to accept that access and residency laws in other countries are not always identical to the ones in Canada and that, in some cases, a biological parent will not have any automatic "rights" in relation to their offspring.
I see your point but do they accept that there is no father if he is not on the Birth Certificate? I suppose they should.

Sarah
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Old May 1st 2010, 3:01 pm
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Madwife
I see your point but do they accept that there is no father if he is not on the Birth Certificate? I suppose they should.

Sarah
Who knows what CIC accepts?
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Old May 1st 2010, 3:24 pm
  #51  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by Almost Canadian
Who knows what CIC accepts?


Yes absolutely. Left and Right hand not being connected in my case, it would seem. They accepted the situation for my son for PR, but want a letter from the great biological one for the WP.

Hey ho

Sarah x
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Old May 2nd 2010, 3:48 am
  #52  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Originally Posted by PMM
Hi



1. Canada is a signatory to the Haque Convention which covers the removals of children under the age of 16.
2. From the OP 1 Manual

As well, it is illegal to abduct a child under 16 (Criminal Code, section 280(1)) or under 14 (Criminal Code, section 281) from the legal guardian (father, mother, guardian or other).
Applicants, accompanied by children under the legal guardianship of someone who has not agreed to let them travel, are about to commit a criminal offence. They do not commit the offence until they depart for and arrive in Canada [They would then be inadmissible at the port of entry under A36].
If there are reasonable grounds to believe applicants are about to commit an offence as described in A36, officers should explain the situation to the applicants. The applicants must prove they will not be inadmissible for this reason. Written consent of the legal guardian or, if that is not possible,
permission of a court, is satisfactory proof.
If the court attached conditions to a custody order (usually visiting rights), the officer must ask for the same proof of consent


So from the above you can see where CIC is coming from, they want concrete proof that the child can be removed from it's normal residence
No such thing as "concrete proof" of anything, only reasonable assurance. And that doesn't alter the principle that CIC are expected to look at the law of the jurisdiction in question.
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Old May 6th 2010, 11:42 am
  #53  
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Default Re: LETTER OF PERMISSION FROM NON-CUSTODIAL PARENT???

Just thought I would update this thread and let you know, managed to get the miserable exe to sign a letter this morning, well I got him to do two actually just in case. So I have sent one off recorded next day to the WP section at cic London as they requested. And have one spare incase the PR section change their mind and suddenly want it.

So hopefuly should get a wp soon. All getting very real now, removal quote this am and then another on Tuesday. Will get another one or two round asap as well.

How many more hoops I wonder??? Come on CIC I am ready for you, how high??? I bet the hoops will be something to do with the meds!!!

Sarah x
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